by Queener Law | Jul 11, 2017 | Colorado, Kentucky, Tennessee, Trucking Accident
Recent studies reveal that many of the serious, life changing and even deadly injuries every year caused by underride crashes can be minimized or prevented completely with the use of a new safety device. The product, known as AngelWing, is a side underride guard that is specifically designed to prevent passengers in smaller vehicles from suffering serious injuries or death in the event of a side collision with a large truck.
According to recent statistics, more than 200 victims are killed and even more are seriously injured by underride accidents in the United States every year. While federal law requires semi trucks to have rear underride guards in place, side guards are not currently required. And despite reports by the National Traffic Safety Board (NTSB) that conclude that side guards would reduce the risk of injury and death on America’s roadways, and their recommendation to the National Highway Traffic Safety Association (NTHSA) that all new truck trailers be equipped with side underride protection, the Truck Trailer Manufacturers Association continues to oppose such a requirement. The industry’s lobbying arm cites the additional costs, various technical challenges, and the concern that these side guards could add significant weight to a trailer or dangerously weaken its parts.
An Effective Solution for Semi Truck Underride Crashes
Approximately 62 percent of a large truck trailer’s length is protected when side underride guards are in place. Without these guards, only about 15 feet are protected. And while many semi trucks are currently equipped with composite side fairings, they are not designed to withstand the impact of a crash.
A recent study by the Insurance Institute of Highway Safety (IIHS) evaluated the effectiveness of AngelWing guards in 35 mph. side collisions versus side fairing skirts that were designed to enhance aerodynamics only. The results were dramatic, with the AngelWing guards preventing the smaller test vehicles from moving underneath the large truck, and the composite side fairings allowing the cars to slide under the trailer. When the car passed under the truck trailer, part of the roof of the smaller vehicle was sheared off and the car became wedged beneath the truck. If the simulations had included moving vehicles, those without AngelWing protection could have resulted in overturned trailers or the vehicle coming into contact with the rear axles. In real life, this type of crash would likely have caused severe, disabling injuries or fatalities.
by Queener Law | Jun 26, 2017 | Auto Accident, Tennessee
Tens of thousands of Americans die on the roadways each year, with more than a third of all fatalities attributable to alcohol in some way. While most individuals understand the dangers of driving under the influence of alcohol or drugs, the dangers of smartphones are just now becoming evident.
The latest evidence indicates that as many as half of all vehicle accidents have at least one driver who is using a phone, and a third of crashes involved drivers using a phone at the time of the accident. Among the sobering conclusions of a recent study is that texting while driving is a direct contributor to the deaths of at least 11 young people every day.
Most states and municipalities are now passing some form of legislation in an attempt to reduce the number of accidents these distracted drivers are causing in increasing numbers. However, some of the same studies mentioned above note those laws have largely proven ineffective. These realities make it important to contact an attorney Nashville TN residents trust after any major vehicle accident. This is especially the case if a smartphone is suspected as a cause of the crash.
An experienced attorney in Nashville, TN will know how to seek evidence of distracted driving, and this information is often critical to protecting a victim’s rights. Auto and truck accidents cause billions of dollars in damage and affect hundreds of thousands of drivers each year.
Seeking recovery for lost wages, medical bills and other costs, including short and long-term disability is often a challenging and difficult proposition. Without proper legal assistance, that process will defeat the average individual’s efforts.
An experienced attorney for Nashville TN accidents will carefully examine and sort out the facts in an auto accident. Today, that process will include gathering records of phone usage from the other drivers and determining the role that use and other factors played in causing the accident.
When a commercial truck is involved, a thorough investigation by the attorney in Nashville TN will also explore such details as truck maintenance records and the driver’s logbooks. These and numerous other factors all play a role in determining liability in a truck-vehicle accident.
Receiving the appropriate financial compensation as the victim of a vehicle accident is never the result of luck. Rather, it is the committed attorney Nashville TN clients rely on that produces the best results.
by Queener Law | Jun 11, 2017 | Auto Accident, Colorado, Kentucky, Tennessee
Front-crash collision systems such as automatic brakes and collision warnings have been demonstrated to be highly effective in preventing rear-end accidents. The Insurance Institute for Highway Safety reviewed data to determine how effective these newer types of collision avoidance systems are and found that they greatly reduce the rates of rear-end crashes. An auto accident attorney represents victims of rear-end collisions to help them to recover damages when they have suffered injuries and financial harm.
How Effective Are Front Collision Systems?
Front collision warning systems have sensors to detect other vehicles or objects ahead of the vehicles in which they are installed and alert the drivers of their presence so that they can react in time. Automatic braking systems detect other vehicles and objects and automatically apply brakes to the vehicles to help them slow down in time to avoid collisions.
Early research about collision avoidance systems was conducted using information from insurance claims. While this data continues to be useful for studying crash avoidance technology, it has its limitations. To more accurately determine how effective these systems are in preventing accidents, the IIHS reviewed police reports from accidents and evaluated how front crash warning systems and automatic braking systems relate to the rate of rear-end collisions. The IIHS found that vehicles that are equipped with automatic braking systems had 39 percent fewer accidents. Those that had front-crash warning systems without automatic brakes were involved in 23 percent fewer collisions than vehicles that did not have these types of collision avoidance technologies.
What the Data Means
The IIHS states that if all vehicles had the front crash collision avoidance systems installed in 2013 during the study period, there would have been 700,000 fewer accidents and 300,000 fewer injuries. The efficacy of these systems has led the IIHS and the National Highway Traffic Safety Administration to recommend that they are offered as standard equipment on all new vehicles. Until the industry is required to offer these types of systems on their cars, people who are in the market for new vehicles can choose models that have the systems already installed or add them as options.
While safety technology will not prevent all accidents, its availability may help people to avoid them. Since motor vehicle collisions may result in significant injuries or deaths, taking steps to prevent them and implementing the use of advanced technology is important.
by Queener Law | May 30, 2017 | Bicycle Accident, Tennessee
Children are particularly vulnerable to series head and neck injuries due to bicycle accidents, therefore, the Tennessee passed a mandatory bicycle helmet statute (“the Act”) to require all children under 16 years old to wear helmets while operating a bicycle. However, the Act does not mandate helmets for anyone 16 and over; therefore, the protections are only partially extended.
The Legislature found that fewer than five percent of children nationwide wear helmets despite extensive evidence that they prevent or obviate serious disability or death if an accident occurs.
Definitions
The Act includes all bicycles, including multi-seats and tandem-operated bikes. However, it specifically excludes tricycles. The Helmet Law covers both the operator and passengers on a bike. Therefore, a child riding a bike operated by an adult would be required to wear a helmet.
Special Rules for Children
In addition to the helmet rule, the Act also created a second safety requirement for children under 40 pounds or under 40 inches in height which obligated them to ride in separate seats with restraints (i.e. belts). Therefore, bikes marketed with spare seats who want to cater to children must include safety belts.
Penalties
For adult offenders (i.e. parents who do not put helmets on their kids) the fine is two dollars. However, if within a year of the offense, the accused purchases a helmet and provides proof – they may recover the fine or avoid paying it entirely. Children are not fined or punished for failing to wear a helmet.
Effect on Adults
While anyone 16 and over is excluded from the Helmet Law, the failure to wear a helmet in an accident may be considered by the court as evidence that any award of compensation should be reduced. The courts take the position that plaintiffs who are partially responsible for the accident or their injuries should have their compensation reduced to reflect the plaintiff’s contribution to their injury.
Concerning bicycle accidents, if an adult fails to wear a helmet and suffers substantial injuries in an accident (injuries that could have been reduced by a helmet), the court may consider that as evidence that his damages should be reduced. Moreover, this presumption is reinforced when the Government passes laws or publishes reports that find wearing helmets is safer and affords greater protection.
However, Tennessee specifically excludes the use of failure to wear a helmet or safety restraint, as evidence in any civil trial.
by Queener Law | May 16, 2017 | Auto Accident, Tennessee
Tennessee state law requires parents transport children in a rear-facing seat until the child is one-year-old or weighs more than 20 pounds. Children older than one year who weigh more than 20 pounds must travel in a forward-facing car seat system that is secured with a safety belt until the age of three. Children from ages four through nine who are less than 4 feet, 9 inches in height must also be secured in a belt-positioning booster seat.
Booster seat systems should always be placed in the rear seat if possible. The National Highway Safety Administrationrecommends parents use the rear-facing type of child safety seat as long as possible because the rear-facing seats provide more protection for the child in a crash.
Automobile seat belt systems
Children taller than 4 feet, 9 inches who are age 9 through 12 must be secured by the automobile’s seat belt system. Children should ride in the rear seat if possible to avoid injuries from the dash-mounted air bags. Children over the age of 13 must wear safety belts and the driver can be fined if any child in the vehicle is not properly secured according to their age, weight, or height.
Proper installation of car seats
Improperly installed car seats can lead to injuries in a crash. If a child is injured in an automobile accident due to an improperly installed seat, parents may have no legal recourse against the car seat manufacturer. A Nashville car accident lawyer can advise parents of children injured in a crash of their possible legal options.
Car seat expiration dates
Child car seats and child booster seats have expiration dates that are typically 6 years from the date of manufacture. If there is no specific expiration date printed on the car seat, the date should be in the owner’s manual. Parents can call the manufacturer to find out the expiration date, but need to know the seat’s date of manufacture.
Car seat recalls
Car seats are sometimes recalled for various reasons. Manufacturers usually contact owners who have registered the recalled product with the manufacturer after purchase. Parents can check the National Highway Safety Administration site for recall information and other safety updates.
The dangers of second-hand child seats
Parents should always know the complete history of any booster or child safety seat they use to be sure it is not expired, recalled, and has not been in a crash previously.
by Queener Law | Mar 14, 2017 | Colorado, Kentucky, Tennessee, Trucking Accident
The Federal Motor Carrier Safety Administration (FMCSA) requires regular safety inspections and maintenance for commercial trucks. Violations result in trucking accidents and personal injury claims that require truck accident attorneys.
Safety and Maintenance Regulations
The FMCSA requires all motor carriers to perform systematic inspections, maintenance, and repairs on commercial motor vehicles to ensure safe operations. For commercial vehicles, motor carriers must maintain inspection and repair records for each vehicle. Truck drivers are required to complete a written inspection report at the end of each driving day. The report must identify the vehicle and list any deficiencies or defects that may affect operational safety. The motor carrier must then certify that those deficiencies or defects are corrected.
Common Maintenance Safety Problems
Two of the most common safety issues that cause serious trucking accidents are faulty brakes and bad tires. In Tennessee, truck accident attorneys often see serious crashes and injuries caused by large trucks unable to stop in time to avoid accidents and sudden tire blowouts.
Faulty Brakes
According to the FMCSA, faulty brakes are responsible for at least five percent of all truck accidents. Due to the weight of large commercial trucks, standards for brake safety is highly regulated by the federal government. The responsibility for maintenance falls to the truck driver, who is required to inspect the vehicle each day, as well a maintenance specialist who can check for broken or missing parts and air leaks in the brake chamber. Vehicle manufacturers are also responsible for the safety of a truck’s braking system. If a truck’s brakes can’t decelerate it at a rate proportionate to the vehicle’s size, even when maintained properly, liability for the truck maintenance accident may lie with the manufacturer.
Bad Tires
Improper air pressure, worn treads, and mismatched tires contribute to serious trucking accidents seen by truck accident attorneys. The massive weight of commercial trucks — typically 10,000 to 50,000 pounds — requires properly inflated and maintained tires to ensure safe maneuverability and even weight distribution. Improper air pressure, worn treads, and mismatched tires can compromise the safety of the truck, resulting in tire blowouts and serious accidents. Truck drivers are responsible for inspecting their tires for air leaks, tread wear, and sidewall damages. Trucking companies are required to make sure that tires meet federal requirements for tread depth and ensure that drivers do not pair bias and radial tires on the same axle.
